T&M- wk 9 Essay Example | Topics and Well Written Essays - 1500 words

T&M- wk 9 - Essay Example r to make the results more valid and reliable, the examiners should be trained in a way that he or she overcomes his or her biasness towards races other than his or her own (Sattler, 1970). Similarly, the test administration and scoring procedures should be followed strictly so that there is no room for any subjectivity in the results (Sattler, 1970). An examinee factor that may influence the test results is the difference in the linguistics background of the examinee (Domino & Domino, 2006). The standards lay emphasis on the fact that a few tests are unsuitable for certain individuals whose familiarity with the language is doubtful (Lam, 1993). For example, the reliability and validity of tests for those examinees who do not speak English is suspect (Domino & Domino, 2006). Translating tests is not an easy task and it cannot be taken for granted that the validity and reliability of the translation are similar to the English version of the test (Lam, 1993). Thus, to overcome this hurdle, the test should be provided in the language, the examinee is most comfortable in and evidence for test comparability in different languages is obtainable (Lam, 1993). Tina the external influence that you mentioned from the examiner or the environment that could influence the test results is rapport. You are right; this is one of the most significant aspects of test administration as determines the quality of the relationship between the examiner and the examinee (Naglieri & Goldstein, 2009). The examiner should develop rapport with the individual taking the test before actually starting with the testing process (Naglieri & Goldstein, 2009). Trying to establish an encouraging and comfortable environment is vital if the examinee test effort is to take place (Naglieri & Goldstein, 2009). On the other hand, Tina, you should keep in mind that the examiner should have a good rapport and nothing more because involvement beyond good rapport will risk the introduction of errors which

Essay of the laramie project Example | Topics and Well Written Essays - 1250 words

Of the laramie project - Essay Example The violent crime against Shepard has become a symbol of violence experienced by bisexual, lesbians, transgender and gay people. Two themes, hate the sin, but love the sinner and live and let live emerges in The Laramie Project. The research herein investigates the incidences and various problems that the gay individuals have undergone overtime. It intends discourage the act through the brutal and unfair acts for the realization of a peaceful society. However, in The Laramie Project, some residents of Laramie, Wyoming repeat two themes, â€Å"hate the sin, but show love to the sinner†, live, and let live. The repetition is because of the residents attitudes directed to gay residents. It is imperative to explore the two themes for examining their history and meaning with the current debate concerning the lifestyle of gay individuals in the United States. Let us begin with the theme, â€Å"hate the sin, but love the sinner†. â€Å"Hate the Sinful acts but Love the offender," it has always been mistaken as Jesus Christ saying it, but the fact is Mahatma Gandhi mentioned it several times. This phrase is what now people famously refer to â€Å"hate the sin, but love the sinner† and was quoted many times from Mahatma Gandhi autobiography. Some individuals point out to this theme to provide themselves unlimited permission, or even an obligation, to hate sin in other individuals. In The Laramie Project play, the Rev erend’s comment was saying indirectly that Matthew in his lifestyle â€Å"sinned† (Kaufman 27) by becoming a gay. The Reverend wrongly believed that Matthew hoped that when he was falling into a state of comatose, he was thinking about how he would change his gay sexual preference or attitude. In addition, the Reverends comment insinuated that Matthews sorry situation was because of the beating he received (Kaufman 65-66). In saying this, he wanted people in Laramie to understand that he loved

Learning Coaching Supporting Young people Essay Example for Free

Learning Coaching Supporting Young people Essay 1. Understand and implement the mentoring process My experience as a Learning Coach has led my sessions to move on from one to one with each student and can now include Group sessions. Group sessions involving a small group can be as effective when compared to one to one interaction. Before the group is brought together I can decide on which students might interact better with each other, for example a group I have worked with included 2 boys and 2 girls who didn’t know each other well in the school but were all studying the same subject, I considered if any prejudgement would prevent the group from bonding so chose this setup. The first session involved planning the steps that would be involved and purpose for having them in a group environment. I set goal deadline to meet within the group so they were aware of how long the time period would be, in this case 4 sessions over 4 weeks. The goal I had set was to discuss revision techniques and different Learning styles with, by the fourth week I hoped to have achieved an understanding for how they can motivate each other while learning from each other. As a group they had all been properly introduced to one another and indentified key areas they were struggling in with the particular subject they had in common. I used a group exercise where they created two spider diagrams labelling the parts they like and didn’t like in the subject, they were quick to indentify similar areas they were either stronger or weaker in as a group. Following the previous session I had each member of the group complete a VAK (Visual Auditory Kinesthetic) Questionnaire to indentify their own Learning Style. They all came out stronger in the Visual/Auditory side of learning and I showed them techniques such as using diagrams and bright colours, discussing topics as a group and making short notes that can be revisited. Each member of the group seemed keen to get involved and contribute their own ideas as we went along. To keep motivation high I always used positive comments as they worked, having the understanding and deadline established at the beginning helped them reach the goal and work together As the group reached the final session we reviewed the work involved and how they had achieved the understanding of what was set out. I asked them to explain by each of them writing 3 key points they had learned that could involve either what they had learnt about Learning styles or about the subject they had applied them in. Although each member had remembered a different point they realised the potential in working as a group. 2. Be able to organise and initiate mentoring support in group settings For a group to come together efficiently you have to consider how they will function as a whole. Will the members of the group bond immediately or will it take some time to reach a normality. You can help this process come together by developing techniques such as creating a Poster or Spider Diagram together about something in common. This will help ease any tension and allow you to see the more dominant members in the group and who might sit back during the process. Bruce Tuckman developed a model that looks at the stages of group development (Web Ref 1) 1. Forming: The group comes together and gets to initially know one other and form as a group. Can be a very important stage as it allows the group to see who is more dominant and how they will work together. 2. Storming: A chaotic Vying for leadership and trialling of group processes This can lead to confrontation in the group if somebody is seen not to get along with the others. Problems in this area would arise from individuals giving a different opinion or idea on how to do the task set before them. 3. Norming: Eventually agreement is reached on how the group operates (norming) Possibly a leader in the group is set out who takes charge. The group might have specific tasks that each of them are focusing on. 4. Performing: The group practices its craft and becomes effective in meeting its objectives. Now that the group can work together they focus on the tasks and perform what they grouped together to achieve. 5. Adjourning: The process of â€Å"unforming† the group, that is, letting go of the group structure and moving on. As it was important for each of them to get together and understand it’s important to leave the process effectively. They each need to recognise what they have done and hopefully be proud of their achievements. Coming away from a group badly can affect future group processes. (Web Ref 1) This model of how a group evolves with each other briefly describes how they operate from the beginning to the end of the group process. Being the Learning Coach allows you to have a unique position in the group allowing you to take on any position you see suitable. It’s advisable to set ground rules for them to follow, these could be to be open and honest, keeping confidentiality within the group, not letting each other down or just respecting each other. With these sort of ground rules in place you can take a position of just watching the group or be a member of the group, if you feel they need some guidance raise the issue they are concerned with and put them on the right path. It is important to consider what differences might be there for the group, so with the ground rules and having them focus on themselves as a whole and trust and respect each other can be a main focus. With some students coming from different backgrounds and diversity’s or having issues they might not want to talk about in a group environment can put a block on the groups progress. Don’t pressure them into these kind of topics and let the group flow naturally. 3. Analyse the mentoring skills, experience and qualities you used in this group setting. When I deal with any students I always try to be friendly and make them feel comfortable to talk in front of me while being professional. I understand that the students will often look to me for guidance so I make sure not to be judgemental towards any of the group members and give everyone a fair chance. Hopefully this will promote them in doing the same to each other. While my role in the group was more observational I did question them from time to time, making sure they were on the right path and understood what they had said. While talking with them I did try and avoid using questions that lead to a yes or no answer, asking them to explain, once they explained it to me I would try and relate to them personally. My observation in the group kept them disciplined and focused more on the task. I didn’t have to be talking for them to know I was there. I didn’t want to be intimidating them either, I would occasionally agree and give my opinion on something they said to see if I was following correctly and more importantly they knew I wasn’t ignoring them. At the beginning of the time together we set out a goal that they all had in common. Something they all felt they could benefit from. I picked them all for this group originally because of that reason. The goal deadline was set out from the start for them to know when it would definitely be coming to an end. I hoped that from the sessions they would have learned everything they needed to and not need to come back to me. I have always said I keep an open door policy and if they needed to see me individually I would open it up as a new session time and new goal, this way they can understand that it’s not being dragged on from the previous time. 4. Be able to review the outcomes of the mentoring process With my Learning Coach group sessions what went well was discussing the matters with them and being a guide to keep them on the right track. The discipline was always fair and I never had to take any real precautions just focus them on the goal in sight. With future groups I will try to focus more on achieving a greater goal. I possibly set the goal to easily for them to achieve but this is hard to see when you don’t know how the group will work with each other. I would also try and give some kind of reward incentive to give them more of a morale boost throughout the sessions. I didn’t present them with anything that could give them real pride in what they did other than knowing themselves what they achieved. I will consider giving them achievement points on the school system to acknowledge how well they have done. My overall support I felt was just the right amount. I didn’t want to take total control of the group so I focused more on guidance to push them in the right direction. I may possibly in the future take more control of a group if I feel they are not going to achieve their goal within the deadline or not focusing on the task in hand. I would like to involve a different group activity for them to start with. The activity I have given them may not appeal to everyone. I would like to arrange a few activity’s they could pick from. I asked the group afterwards how they felt the process went. They were generally happy with the result but were not sure if they would bother to use it when not in these group sessions. One individual was not happy with not being listened to and felt she would have directed her time in a different area to what the group decided on. I might consider making the groups smaller so that others get a chance to say something rather then just listening to others.

Corporate Crimes And Corporate Governance To Combat Them

Corporate Crimes And Corporate Governance To Combat Them Corporate crimes refer to criminal practices by individuals that have the legal authority to have a word for a corporation or company. These can include presidents, managers ,directors and chairman , sales people and agent or anyone within a company that has the authority to act on behalf of the firm Corporate crimes often seen to involve a very different set of dealings between offenders and victims, as there are less obvious direct harm or blood on the streets (Clarke, 1990). It appears less personal as immediate victims are often employers, the government, the public health or the environment and in many cases, such as where Safety laws are broken, causing the death or injury of employees, there is no direct intent to harm. There are also different images of the structural dimensions of victimization. To some, all citizens are victims of this kind of crime, irrespective of age, class or gender, whereas to others the crimes of the wealthy and powerful prey on the poor and powerless. Yet at the same time, victims of some financial frauds may fail to attract sympathy as they are assumed to be wealthy and to have willingly parted with their money (Shichor et al., 2000). Corporate crimes: scopes and definitions As far as scope of the crime is concern this has to be noticed that à ¢Ã¢â€š ¬Ã‚ ¢ Many victims are unaware of any harm and cannot detect it themselves as happens, for example, with some major frauds, pollution, food adulteration and descriptions of consumer goods. à ¢Ã¢â€š ¬Ã‚ ¢ Victimization is often indirect and impersonal, affecting entities such as the government although there are indirect effects on individuals tax payers, for example, have to pay more and receive fewer benefits due to tax evasion. à ¢Ã¢â€š ¬Ã‚ ¢ Individual victims may lose very little yet the illegal profits may be large as in cases in which a bank employee takes one penny out of thousands of accounts or a firm sells goods which weigh less than indicated.  [1]   This term white collar crime was coined by Edward Sutherland in his pioneering 1949 study, White Collar Crime. It describes non-violent crimes committed by corporations or individuals in the course of their business activity. Examples of criminal behaviour in most jurisdiction includes: antitrust violations ,fraud ,damage to the environment in violation of environmental legislation, exploitation of labour in violation of labour laws ,and failure to maintain a fiduciary responsibility toward shareholders. In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals that may be identified with a corporation or other business entity. Corporate Crime is criminal activity on behalf of a business organization. During much of American history the primary legal stance relating to activity of business was decidedly laissez-faire (leave it alone to do as it will). Under the influence of capitalist philosophy American Courts adopted the view that governments should not interfere with businesses by attempting to regulate it. For a long period of history victims of defective and dangerous products could not sue corporations for damages because the guiding principle was caveat emperor (let the buyer beware), and unhealthy and dangerous working conditions in mines, mills and factories were excused under the freedom of contract clause of the constitution  [2]  . Although attitudes in the 20th century changed considerably, crimes of frauds, concealment, and misrepresentation continued to victimize all sorts of groups and individuals in society. Crimes such as these are actions committed during the course of fulfilling the name of corporate profits and growth. Today as corporations have been found to be involved in environmental and health and safety law violations. In the United Kingdom, following several fatal disasters on the rail network and at sea, the term is now also commonly used in reference to corporate manslaughter. In this category would also be included the culpability of Union Carbide in the 1985 accident in Bhopal, India and the current behaviour of the pharmaceutical industry which puts profits ahead of the needs of HIV and other patients worldwide. Yet a third category of corporate crime is State-corporate crime. In a globalized world where States negotiate and conclude agreements with corporations and other international part ies or bodies, opportunities will arise for unjust enrichment and national laws will be broken. The Enron Scandal: The first major scandal of the first decade of 21st century is that Enron Corporation, which has been called one of the most intricate pieces of financial chicanery in history and for investors in its stock and its employees. The Enron sandal did tremendous damage to the company created a crisis of investors confidence the links of which has been seen since the great depression. Enron was a $100 billion corporate empire that had more then 200,000 employees in 40 countries and controlled about one quarter of all trading in natural gas and electricity in the United Status. The company poured millions of dollars into political campaign and lobbyists arguing of further deregulation of energy markets. The Enron hierarchy expected the never-ending innovation and growth from its executive to feed this monster enterprise. In response executives created imaginary markets, paper partnerships and phantom growth that enabled them to report profits that did not exist and to hide debts hat did. Executives were accomplished at cooking the financial books in many ingenious ways, which kept Enrons stock prices rising and thus their own compensation. Because much of the competition received by Enrons executives was stock based, they had major incentives to make the company look as good as possible to investors by reporting high profits. Indian Scenario There are a number of corporate crimes that have come into light now days. One of the major havoc that is created in present times is because of mysterious disappearance of corporations. Of the 5,651 companies listed on Bombay Stock exchange, 2750 have vanished. It means that one out of two companies that come to the stock exchange to raise crores of rupees from investors loot and run away. Even big names like Home Trade came up with huge publicity stunts but after raising money, vanished into the thin air. About 11 million investors have invested Rs. 10,000 crore in these 2750 companies. We have Securities Exchange Board of India, Reserve Bank of India and Department of Companies Affairs to monitor the stock exchange transactions but none has documented the whereabouts of these 2750 odd companies suspended from the stock exchange. Many of the promoters and merchant bankers who are responsible for these are roaming scotfree Court in Assistant Commissioner, Assessment-ll, Banglore Ors. v. Velliappa Textiles Ltd Anr  [3]  . took the view that since an artificial person like a company could not be physically punished to a term of imprisonment, such a section, which makes it mandatory to impose minimum term of imprisonment, cannot apply to the case of artificial person. However, Supreme Court in 2005 in Standard Charted Bank v. Directorate Of Enforcement  [4]  in majority decision of 3:2 expressly overruled the Velliapa Textiles case  [5]  on this issue. K.J Balkrishanan J. in majority opinion held We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which punishment prescribed is mandatory imprisonment. We overrule the views expressed by the majority in Velliappa Textiles on this point There is a severe need to fight this evil of corporate crime As has been belatedly recognized in many jurisdictions, corporate crime causes far greater damage than violent street crimes. It therefore deserves more attention from the law enforcement community. According to the FBIs 2001 report, the United States reportedly lost USD17.2 billion from robbery, burglary, theft and motor-vehicle theft while the Enron fiasco alone cost investors, pensioners and employees more than three times that amount. The United Kingdom estimates that in 2004,  £78 million (USD139 million) was lost to healthcare fraud, a reduction from  £171 million (USD305 million) in 1999. In 2004, Transparency International estimated that at least USD400 billion was lost per year worldwide due to bribery in government procurement alone. However due to the scarcity of consolidated and structured statistics on corporate crime, it is impossible to determine the overall cost of corporate crime to national economies worldwide. WHERE DOES CORPORATE CRIME LIES In the Administration Improvement Act (AIA) of 1979 the U.S. Congress defined whitecollar crime as an illegal act or series of illegal acts committed by non-physical means and by concealment or guile, to obtain money or property or to obtain business or personal advantage.  [6]   But still the sworn hang by this fact that the term corporate crime is used where the offence is committed by a corporation, usually to benefit the corporation while the term white collar crime is used where the offence is committed against a corporation, usually by its own executives or employees and the corporation is the victim. As it is stated above that corporate crimes are some or how different from white-collar crimes but still in an arena Corporate crime overlaps with organized crimes and state corporate crimes along with white-collar crime à ¢Ã¢â€š ¬Ã‚ ¢ White-collar crime: Because the majority of individuals who may act as or represent the interests of the corporation are employees or professionals of a higher social class; à ¢Ã¢â€š ¬Ã‚ ¢ Organized crime: Because criminals can set up corporations either for the purposes of crime or as vehicles for laundering the proceeds of crime. Organized crime has become a branch of big business and is simply the illegal sector of capital. It has been estimated that, by the middle of the 1990s, the gross criminal product of organized crime made it the twentieth richest organization in the world richer than 150 sovereign states (Castells 1998: 169). The worlds gross criminal product has been estimated at 20 percent of world trade. (de Brie 2000); and à ¢Ã¢â€š ¬Ã‚ ¢ State-corporate crime :Because, in many contexts, the opportunity to commit crime emerges from the relationship between the corporation and the state. Corporate crime encompasses embezzlement (also known as criminal breach of trust in some countries), fraud, corruption, insider trading, unfair competition, healthcare fraud, computer crime, forgery and tax evasion. The central element of these crimes being cheating and dishonesty However, it also goes beyond these traditional boundaries.  [7]   Corporate environmental crimes The term corporate environmental crime, which may be defined as any environmental crime that has been committed by any corporate body .the importance of the inquiry was to hear from a range of corporate bodies and their representatives on the present environmental criminal justice system, while at the same time recognising that an environmental sentence for a corporate body is at present limited to fine .the reason for commiting corporate environmental crimes are also varied. The crime may occur because the business concerned is ignorant of its environmental obligations. It may also occur all too often as a result of negligent behaviour ,for example ,where business are poorly managed ,staff are inadequately trained or equipment and infrastructure has not been maintained to the required standard ,allowing a pollution incident to occur. But perhaps the most depressing cause is when corporate environmental crime is the result of a deliberate and intentional illegal act ,a decision taken in the full knowledge that the act is illegal and will result in environmental crime. In our paper our main concern would be corporate environmental crimes in which we will mainly concern about the worlds worst industrial disaster and a heinous corporate crime; the leakage methyl isocyanides (MIC) and other poisonous gases from Union Carbides Bhopal, India, pesticide factory on December 3rd, 1984.which killed 8000 people in first three days and poisoned more than 500000 people and at least 120000 people remain chronically ill and also 30 people die each month from long term effect of gases even today  [8]   The question would be arisen in your mind that why we choose Bhopal disaster as specific topic for our research and view. There are several reasons behind this ; it is only matter of time before the world is shocked and sickened by another Bhopal type industrial diasater .this is because the global economic forces that led union carbide to build and operate its ill fated factory in Bhopal have not gone away they have only become stronger. The fact tha after 20 years of the Bhopal disaster ,survivors are forced to drink poisoned water ,contaminated by stockpiles of abandoned chemicals ,clearly reflects the apathy towards communities and the environment. The lessons of Bhopal are still waiting to be learened. In fact, a 1000 Bhopals are happening in slow motion across india destroying the environmental and poisoning people with impunity. Environmental disasters , both chronic and immediate , induced by irresponsible corporate practices are becoming more frequent. Transnational corporations have learned to downplay damage ,and focus attention and liability on the local company to elude full criminal and civil liability. Bhopal corporate environmental crime Being the most worst industrial disaster itself fulfil the need to concern about it.the brutality of the incident can be fairly stated by a comment given by a Bhopal resident that Mothers didnt know their children had died ,children didnt know their mothers had died and men didnt know their whole families has died   [9]  simply after the unpleasant incident people said that We were choking and our eyes were burning. We could barely see the road through the fog, and sirens were blaring.We didnt know which way to run. Everybody was very confused  [10]  .before the occurrence Opposition legislators raised the issue in the State Assembly and the clamour surrounding these incidents culminated in a 1983 motion that urged the state government to force the company to relocate the plant to a less-populated area. Starting in 1982, a local journalist named Rajkumar Keswani had frantically tried to warn people of the dangers posed by the facility. In September of 1982, he wrote an articl e entitled Please Save this City. Other articles, written later, bore grimly prophetic titles such as Bhopal Sitting on Top of a Volcano and If You Do Not Understand This You Will Be Wiped Out. Just five months before the tragedy, he wrote his final article: Bhopal on the Brink of a Disaster. Yet when the Independent speaks of rape, the Guardian of disgrace and Jon Snow of a crime against humanity, they are not talking about THAT NIGHT but of what has happened since to those who survived it. Today, 25 years after the disaster, Bhopal remains a humanitarian disaster. Their breathless bodies no longer able to push handcarts and lift heavy loads, thousands have fallen into destitution and their families have learned the lessons of the abyss, binding cloths round their middles to give an illusion of fullness, giving children unable to sleep from hunger water to fill their empty bellies.  [11]   In the midst of this clamour, in May 1982, Union Carbide sent a team of U.S. experts to inspect the Bhopal plant as part of its periodic safety audits. This report, which was forwarded to Union Carbides management in the United States, speaks unequivocally of a potential for the release of toxic materials and a consequent runaway reaction due to equipment failure, operating problems, or maintenance problems. In fact, the report goes on to state rather specifically: Deficiencies in safety valve and instrument maintenance programs. Filter cleaning operations are performed without slip blinding process. Leaking valves could create serious exposure during this process. In its report, the safety audit team noted a total of 61 hazards, 30 of them major and 11 in the dangerous phosgene/MIC units. It had warned of a higher potential for a serious incident or more serious consequences if an accident should occur. Though the report was available to senior U.S. officials of the company, nothing was done  [12]  . In fact, according to Carbides internal documents, a major cost-cutting effort (including a reduction of 335 men) was undertaken in 1983, saving the company $1.25 million that year DOWs liability under corporate crimes Liabilty which is related to the 1984 Bhopal disaster was originally filed in 1987, and reinstated in 1991. Both Warren Anderson, the former CEO of Union Carbide, and the Union Carbide Corporation itself face criminal charges in India of culpable homicide (or manslaughter). Both Anderson and Carbide have repeatedly ignored summons to appear in India for trial, and are officially considered absconders (fugitives from justice) by the Indian Government. While Anderson, if extradited and convicted, would face ten years in prison, Carbide faces a fine which has no upper limit. Along with above mentioned liability DOW also owes environmental liability because keen to distance itself from disaster Union Carbide fled India leaving behind tons of toxic wastes strewn in and around the factory site. According to former workers of the Union Carbide factory in Bhopal, while the factory was in operation, massive amounts of chemicals including pesticides, solvents, catalysts and wastes were routinely dumped in and around the factory grounds. These include deadly substances such as aldicarb, carbaryl, mercury, and several chlorinated chemicals and organic poisons. In 1977, Carbide constructed Solar Evaporation Ponds (SEPs) over 14 hectares 400 meters north of its factory. Toxic effluents and toxic wastes were routinely dumped there. Two tube wells dug in the vicinity of the SEPs were abandoned because of the noxious smell and taste of the water. Environmental criminal liability of DOW and Union Carbide A preliminary study of soil and groundwater pollution inside the plant, conducted in 1989 by Carbide, found plenty to be worried about. Some water samples produced a 100% death rate among fish placed in them. Nevertheless Carbide issued no warning. An internal memo refers to the need for secrecy, suggesting that the information should be kept for our own understanding. Not only did it fail to warn people living nearby, it vociferously denied that there was a problem and, incredibly, wrote to the Gas Relief Minister criticizing those who were trying to make people aware of the danger, suggesting that they were mischievous agitators. Carbide in the US meanwhile tried to portray Bhopal activists and their supporters ascommunists who aimed to restructure US society into something unrecognizable and probably unworkable. Carbide and Dow later relied on a report from a government organization called NEERI  [13]  which in 1997 published a report which found that water outside the factory was not contaminated. Consultant Arthur D Little had beenappointed in 1989 by Union Carbide US to work privately with NEERI. ADL believed itself to be working with UCC in Danbury, but all reference to UCC was to be deleted. ADL was to pretend to be working with UCIL alone. But a memo of 1993 shows the US Carbide executives in the driving seat. ADL eventually reported back to Carbide suggesting that NEERI had failed to find contamination because its sampling methods were flawed. In particular ADL suggested it was imprudent to claim that local water was safe for drinking and warned that groundwater contamination could happen far more swiftly and seriously than envisaged. ADL was unclear at one point as to whether NEERI was claiming that labourers were or were not exposed to contaminated groundwater. ADLs suggested ch anges ran to 17 pages, but none of them were incorporated in NEERIs published report, which is what Dow and Carbide still quote, knowing it to be worthless. Carbides own documents reveal that they knew for decades that their disposal practices in Bhopal were leading to massive contamination of the soil and groundwater, and that their sole concern was how to evade responsibility and cover it up. At last we would like to conclude about their liabilities by sayingthat the disaster was caused because Union Carbide had under-invested in an inherently hazardous facility located in a crowded neighborhood, used admittedly unproven designs, stored lethal MIC in reckless quantities, dismantled safety systems and cut down on safety staff and training in an effort to cut costs  [14]   The severity is not hidden now so further we would like to suggest 10 Bhopal principles on corporate liability  [15]  We have chosen to call them the Bhopal Principles because this disaster, more than any other, highlights the current failure of governments to protect public welfare and the failure of corporations to observe basic standards e.g. the avoidance of liability by parent corporations, and the avoidance of responsibility for compensation and environmental cleanup. And further question would is there any need for this kind of principles than we say yes why not because At the Johannesburg Earth Summit, Government looked at what has and has not been done to implement the Rio commitments. The Bhopal case shows that it is important to hold corporations liable and to provide compensation for victims of pollution and other environmental damage, that responsibility for liability and cleanup should be enforceable not only against the local corporate entity, but also against the multinational parent. The Ten Bhopal Principles on Corporate Accountability Implement Rio Principle 13. States shall as a matter of priority enter into negotiations for a legal international instrument, and adopt national laws to operationalise and implement Principle 13 of the Rio Declaration, to address liability and Compensation for the victims of pollution and other environmental damage. Extend Corporate Liability. Corporations must be held strictly liable without requirement of fault for any and all damage arising from any of their activities that cause Environmental or property damage or personal injury, including site remediation. Parent companies as well as subsidiaries and affiliated local corporations must be held liable for compensation and restitution. Corporations must bear cradle to grave responsibility for manufactured products. States must implement individual liability for directors and officers for actions or omissions of the corporation, including for those of subsidiaries. Ensure Corporate Liability for Damage beyond National Jurisdictions. States shall ensure that corporations are liable for injury to persons and damage to property, biological diversity and the environment beyond the limits of national jurisdiction, and to the global commons such as atmosphere and oceans. Liability must include responsibility for environmental cleanup and restoration. Protect Human rights. Economic activity shall not infringe upon basic human and social rights. States have the responsibility to safeguard the basic human and social rights of citizens, in particular the right to life; the right to safe and healthy working conditions; the right to a safe and healthy environment; the right to medical treatment and to compensation for injury and damage; the right to information and the right of access to justice by individuals and by groups promoting these rights. Corporations must respect and uphold these rights. States must ensure effective compliance by all corporations of these rights and provide for legal implementation and enforcement. Provide for Public Participation and the Right to Know. States shall require companies routinely to disclose to the public all information concerning releases to the environment from their respective facilities as well as product composition. Commercial confidentiality must not outweigh the interest of the public to know the dangers and liabilities associated with corporate outputs, whether in the form of pollution by-products or the product itself. Once a product enters the public domain there should be no restrictions on public access to information relevant to environment and health on the basis of commercial secrecy. Corporate responsibility and accountability shall be promoted through environmental management accounting and environmental reporting which gives a clear, comprehensive and public report of environmental and social impacts of corporate activities. Adhere to the Highest Standards. States shall ensure that corporations adhere to the highest standards for protecting basic human and social rights including health and the environment. Consistent with Rio Declaration Principle 14, States shall not permit multinational corporations to deliberately apply lower standards of operation and safety in places where health and environmental protection regimes, or their implementation, are weaker. Avoid Excessive Corporate Influence over Governance. States shall co-operate to combat bribery in all its forms, promote transparent political financing mechanisms and eliminate corporate influence on public policy through election campaign contributions, and/or non-transparent corporate-led lobby practices. Protect Food Sovereignty over Corporations. States shall ensure that individual States and their people maintain sovereignty over their own food supply, including through laws and measures to prevent genetic pollution of agricultural biological diversity by genetically engineered organisms and to prevent the patenting of genetic resources by corporations. Implement the Precautionary Principle and Require Environmental Impact Assessments. States shall fully implement the Precautionary Principle in national and international law. Accordingly, States shall require corporations to take preventative action before environmental damage or heath effects are incurred, when there is a threat of serious or irreversible harm to the environment or health from an activity, a practice or a product. Governments shall require companies to undertake environmental impact assessments with public participation for activities that may cause significant adverse environmental impacts. Promote Clean and Sustainable Development. States shall promote clean and sustainable development, and shall establish national legislation to phase out the use, discharge and emission of hazardous substances and greenhouse gases, and other sources of pollution, to use their resources in a sustainable manner, and to conserve their biological diversity. HOW TO HANDLE AND CONTROL CORPORATE CRIMES There are many ways for law enforcement authorities to combat corporate crime. Firstly, prevention. This can be achieved by encouraging awareness of the moral compass within corporations and among their employees and the promotion of self-regulation. This should be complemented by an effective corporate oversight regime through internal compliance programmes as well as regulation by the Companies Commission and Securities Commissions or its equivalent. For the latter purpose, it will be necessary to put in place effective laws and regulations in a timely manner. In turn, these laws will also have to be actively enforced by well-trained law enforcement agencies and prosecutors if they are to be a realistic deterrent. In this regard it is noted that although sustained enforcement against corporate crime is required as a strong deterrent and to maintain public confidence in the financial markets, enforcement should be seen as a measure to augment internal vigilance and not as a substitu te for it. Thus corporations must also play their role as responsible corporate citizens in the national and global communities. With regard to the investigation and prosecution of corporate crimes with a transnational flavour, be it through the multinational nature of the corporation or the elements of the crime, the importance of international cooperation to gather evidence and recover the ill-gotten gains cannot be overstated. States should therefore put in place a comprehensive domestic legal framework that includes laws to criminalize the relevant criminal acts and impose corporate and individual liability for them. Another crucial element will be effective whistleblower and witness protection laws. A network of bilateral and regional treaties on mutual assistance in criminal matters and extradition together with bilateral treaties on asset sharing is also indispensable. These instruments would complement the stand-alone framework provided under the UN Convention against Transnational Organized Crime and the UN Convention against Corruption. In this regard, countries in the ASEAN region are also able to utilize the Treaty on Mutual Legal Assistance in Criminal Matters which was concluded in November 2004 among the ten like-minded ASEAN Member States and is currently in force among Brunei, Lao PDR, Malaysia, Singapore and Vietnam. Suggestions from our side Amendment to section 62 of the Indian penal code by adding the following lines: In every case in which the offence is only punishable with imprisonment or imprisonment and fine and the offender is the company or other body corporate or an association of individuals, it shall be competent to the court to sentence such offender to fine only. In many of the acts relating to economic offences, imprisonment is mandatory. Where the convicted person is corporation, this provision becomes unworkable and it is desirable to provide that in such cases, it shall be competent to

John Quincy Adams Essay -- Biography Biographies

John Quincy Adams John Quincy Adams was the only son of a president to become president. He had an impressive political background that began at the age of fourteen. He was an intelligent and industrious individual. He was a man of strong character and high principles. By all account, his presidency should have been a huge success, yet it wasn't. John Quincy Adams' presidency was frustrating and judged a failure because of the scandal, attached to his election, the pettiness of his political rivals, and his strong character. John Quincy Adams was born on July 1767, in Braintree Massachusetts. His parents were John and Abigail Adams. "Quincy, had every advantage as a youngster. At the time of his birth, his father was an increasingly admired and prospering lawyer, and his mother Abigail Smith Adams, was the daughter of an esteemed minister, whose wife's family combined two prestigious and influential lines, the Nortons and the Quincys. Accompanying his father on diplomatic missions in Europe, young John Quincy Adams received a splendid education at private schools in Paris, Leiden, and Amsterdam, early developing his penchant for omnivorous reading." He was able to speak several languages. At the age of fourteen, he was asked to serve as secretary and translator to Francis Dana, the first US ambassador to Russia. "Despite his age, young Adams was a valuable aid to the consul; he enjoyed Russia and the exposure to diplomatic circles." He later returned to the United States and attended Harvard. "He graduated in two years and entered the law offices of Theophilus Parsons in Newburyport, Massachusetts. Passing the bar in 1790, he set up practice in Boston." In 1794 John began his long political career. George Washington appo... ...r the country realized his important contribution. " I should of been one of the greatest benefactors of my country.... But the connective power of mind was not conferred upon me but by my Maker, and I have not improved the scanty portions of His gifts as I might and ought to have done." His presidency was judged a failure due in a large part to the presidential scandal he seemed unable to overcome. His rivals were responsible for keeping it alive in everyone's minds. They never let the public forget his "Corrupt Bargain" with Clay. They also doomed almost every piece of important legislation he had tried to pass. Adams' own integrity allowed his rivals free reign. His own high standards about refusing to abuse his office resulted in his rivals retaining their positions of power. The scandal, political rivals, and his own integrity doomed his presidency to failure.

The Effects of American Reform Movements in the 1900s :: American America History

The Effects of American Reform Movements in the 1900s Living in the United States of America is all about opportunity. The opportunity to get a good job, make money, and lead a life of good quality; in other words, the opportunity to Life, Liberty, and the Pursuit of Happiness. However the opportunity for many people was not around through out the 1800s. Certain groups of people did not hold the basic rights that were guaranteed by the Constitution. In fact, most of the people that had opportunity were the wealthy white men, and few other people ever had any chances to lead a good life. For example, at the end of the 1800s African Americans had some rights, however a lot of their rights were severely limited by laws that were made by the wealthy white men. Also, Native Americans didn’t have any rights at all; they weren’t even considered United States citizens. So how did the United States go from a country that only benefited white men to a land of opportunity for everyone? The answer to this is through reform mov ements. The many reform movements through out United States History as shaped American Society and Culture to what it is today. For example, the Progressive movement saw many laws passed which are still in effect today. Also, without the Civil Rights movements we would still be living in a hypocritical, racist society. In the late 1800’s a group of Americans decided that something needed to be done about the decline of moral and ethical values in most Americans. These people called themselves the progressives and started one of the most comprehensive reform movements in the United States to this day. Progressivism became so widespread that by the end of World War I, anyone who didn’t agree with Progressive ideals was labeled a communist. The Progressives had four major goals that they wished to accomplish. These four goals were to democratize America, to Americanize America, the humanization of capitalism and rationalization of the economy. Each goal dealt with a different aspect of America’s society that the Progressives thought needed help. The way these goals were accomplished was to get laws passed that would reform the practices of many Americans. Progressives held that in order to bring American back to its old time, rural values people would need to attend church m ore.

Does God Use “Evil”? Essay

In the history of Christianity, the problem of evil, or theodicy, has been one of the more vexing questions. It derives from the issue between God’s omnipotence on the one hand, and the manifestation of radical (i. e. unexplainable) evil on the other, that is, evil that does not admit of a â€Å"satisfying† explanation. As a matter of course, Christian history has used to specific and distinct models for explaining the problem of evil. They go by many names, but in this book they are called â€Å"blueprint† and â€Å"warfare† models of evil. Hence, this review will explain both world views (which, in reality, are holistic views of God as such), and then seek to use the one the author accepts, the â€Å"warfare† view, as a basis for Christina worship. 1. The Blueprint view refuses to accept the problem of evil as such. In the blueprint view, there is no evil as radically considered. Good is all present since all is part of God’s will, that is, under His power. On the other hand, evil is relative, not absolute, since its purpose in creation and history is to bring God’s people to a knowledge of Himself and a dependency upon Himself. Evil, in this understanding, is only apparent and transitory. There are two versions of the blueprint view that are worth mentioning: a strong and a weak version. The strong version is known to most Calvinists, and it is a complete determination of global history. This is to say that there is a strong deterministic view, with God as the first, and active cause, whose power is a completely adequate explanation for all events. Free will is denied, and the only will that is free is God’s. he is above moral blame or praise, things are done because He willed it. If one cannot see the cosmic reason for a event of â€Å"evil,† then it is the fault of the person, who is so blinded by sin and egotism that he cannot fathom why evil can befall humanity, as if they were so wonderful and deserving of paradise. The weaker version holds that free will exists and is real, but that God freely permits man’s will to bring about evil so that the same blueprint is realized. In short, man as freely laying God’s blueprint is the weak version, God beginning it about though and only though his own power is the strong version. What they both have in common is the â€Å"blueprint,† the determined form of human history (and all the persons) in it that explains evil as the â€Å"working out† of God’s preordained plan. Therefore, the consolation that believers feel when faced with crisis and pain is that there is good behind the apparent evil, and hence, â€Å"God’s will be Done† is the slogan of this thought (50ff). There are problems with the view that the author carefully lays out. In the most general terms, Boyd holds that this view of evil is completely unacceptable, and holds that God is playing some kind of â€Å"game† with his human subjects. Generally speaking, Boyd seems to appeal to a â€Å"common sense† moral position that to ask modern people to accept radical evil, purposeless death of children, slaughter of innocents, agonizing birth defects, etc. is too much for people. God is seen as â€Å"playing† with humanity, torturing them at will, and all for some â€Å"secret plan† known only to Him. How can one worship such a being? (80ff). 2. The real response is in the â€Å"warfare model† of God’s power relative to evil. In its most basic form, th reality of God’s omnipotence in no way implies that God uses this to its full capacity. Since freedom is a good in itself, God permits free actions to intertwine with the radically complex causality of the natural world to bring about events. Hence, God does not bring them about, he permits his creation, which He has equipped with its own â€Å"engine,† so to speak, to work out its own tale in history. God, in this model, is not the cause of evil, but exists as a deliverer from evil. God’s will is not being accomplished on earth, and therefore, is not in his power. This is not a weakness in God, but a â€Å"decision† of His to let things run its course and permit human beings to have recourse to Him in their trials. God does not â€Å"use evil,† he delivers from evil. The implications for Christian worship are powerful and stunning. The â€Å"blueprint† view, as a matter of course, seems to reject the concept of â€Å"petitionary prayer. † In other words, if all is in God’s power, and all events (whether freely chosen or all part of God’s manifesting in the world), come from God’s eternal will, then there is no good reason to ask God for anything, and hence, that sort of â€Å"parental† relationship between man and God is eliminated. In the blueprint view, all one can do is seek to praise God, his power and goodness, and to seek communion and unity with Him. Hence, the warfare view rescues and makes sense out of petitionary prayer. Boyd uses several examples where God â€Å"changes His mind,† in order to listen to a prayer. God of course does not â€Å"change his mind† as a human would, but He has deliberately â€Å"shrunk† his power in order to permit human will to be paramount. In other words, creation in the warfare view is about man coming closer to God, and not the other way around, as is implied by the blueprint view (cf. 125-130). But the centerpiece of the book and the â€Å"warfare† view towards worship is Christ as the image and icon of God. Christ is the expression of God, and hence, should be the center of worship. Christ as god does not cause evil: both the determined course of physical nature and the free will of human beings to this in a series of massive and unexplainable causal chains that are beyond the human capacity to understand. God has given creation its own method of movement, and evil results (to be abstract) from constant conflicts within these two roads of movement: free and determined. Christ, on the other hand, came to earth in order to save believers from these clashes, to suffer with those afflicted and to draw them closer to Him. There is no necessary plan being unfolded by this, but human beings have recourse to God in times of stress. Jesus’ mission on earth, therefore, is to free humanity from evil. To see the transitoriness of the world and its massive complexity and to both accept suffering and to work against it (suffering can be worked against because it is not necessary). The blueprint view seems to demand a mere acceptance of evil without any action to be taken against it: hence the lack of intercessory prayer. Hence, at the center of all this is the free approach to Christ. Love can only be based on freedom. In either the Calvinist or weaker view of determinism in the blueprint view, there is no real freedom: God has arranged all, including the worship of Him. But this is clearly incompatible with love: love must be chosen freely (152-155ff). But even more, evil is the result fo the misuse of human freedom: this is the final point. God permits mankind to make mistakes in the same sense that a loving father permits children to make errors, so that they learn. He withdraws Himself in order to let human freedom reign, not some divine plan decided before the creation of the world. The very existence of human freedom is incompatible with the blueprint view. God sets his face against those who use this freedom for evil, and provides grace and solace for those who are victimized by it. But this warfare will not last for eternity, Christ’s taking on human nature becomes the final victory of God’s union with mankind. Jesus does not cause evil, he heals from evil. He sees those using their freedom for evil as ignorant, as not fully knowing what they are doing. God then, as his final word, seeks forgiveness and reconciliation.